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Chapter 11. Navel And Valencia Oranges of California Food And Agricultural Code >> Division 17. >> Chapter 11.
The handling and marketing of California citrus is affected
with the public interest. The provisions of this chapter are enacted
for the protection of the industry and for the purposes of protecting
the health and general welfare of the people of this state.
(a) There is in the department the California Citrus
Advisory Committee.
(b) The committee shall be comprised as follows:
(1) Eight producers.
(A) Five producer members shall be engaged in the production of navel or Valencia oranges; four of which shall be engaged in the production of navel or Valencia oranges in the San Joaquin Valley, and two of the four members shall be engaged in the production of navel or Valencia oranges in Tulare County.
(B) Two producer members shall be engaged in the production of lemons, one of which is engaged in the production of lemons in Ventura County.
(C) One of the members shall be engaged in the production of mandarin citrus.
(2) Four handlers, which have their principal place of business located in one of the following counties: Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara, Tulare, and Ventura.
(A) Two handler members shall be located in the San Joaquin Valley.
(B) One handler member shall be engaged in the handling of lemons in Ventura County.
(c) The committee shall be appointed by the secretary from nominations submitted to the secretary by members of the navel orange, Valencia orange, lemon, and mandarin citrus industries group.
(d) Committee members may be compensated for reasonable expenses actually incurred in the performance of their duties, as determined by the committee and concurred in by the secretary.
(e) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of three committee members.
(f) The committee shall appoint a chairperson, one or more vice chairpersons, and any other officers it deems necessary.
(g) The committee shall develop and make recommendations to the secretary on all matters regarding the implementation of this chapter including:
(1) The assessment rate as specified in Section 48002.
(2) Procedures for implementing an inspection program that shall include, but not be limited to, the following:
(A) Mandatory hold for inspection prior to shipping, following a citrus freeze.
(B) The minimum number of inspections to be conducted, and the duration of each inspection period.
(C) The minimum number of samples to be taken.
(D) Statistical analysis of compliance levels and determination of an acceptable level of compliance.
(E) Documentation of inspection data including the number of inspectors, number of inspections performed, and budget information relating to expenses of personnel, mileage, and overhead costs.
(F) Monitoring and postevaluation of program effectiveness by the secretary.
(G) Development of a single memorandum of understanding between the department and all county agricultural commissioners for the counties specified in subdivision (b).
(3) Determinations as to which counties have met the inspection requirements.
(4) Procedures for implementing a state crop estimating and acreage survey.
(h) The secretary shall accept the recommendations of the committee if he or she determines that the recommendations are practicable and in the interest of the industry and the public. The secretary shall provide the committee within 30 days of receipt of the recommendations with a written statement of reasons if he or she does not accept any of the recommendations.
(b) The committee shall be comprised as follows:
(1) Eight producers.
(A) Five producer members shall be engaged in the production of navel or Valencia oranges; four of which shall be engaged in the production of navel or Valencia oranges in the San Joaquin Valley, and two of the four members shall be engaged in the production of navel or Valencia oranges in Tulare County.
(B) Two producer members shall be engaged in the production of lemons, one of which is engaged in the production of lemons in Ventura County.
(C) One of the members shall be engaged in the production of mandarin citrus.
(2) Four handlers, which have their principal place of business located in one of the following counties: Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara, Tulare, and Ventura.
(A) Two handler members shall be located in the San Joaquin Valley.
(B) One handler member shall be engaged in the handling of lemons in Ventura County.
(c) The committee shall be appointed by the secretary from nominations submitted to the secretary by members of the navel orange, Valencia orange, lemon, and mandarin citrus industries group.
(d) Committee members may be compensated for reasonable expenses actually incurred in the performance of their duties, as determined by the committee and concurred in by the secretary.
(e) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of three committee members.
(f) The committee shall appoint a chairperson, one or more vice chairpersons, and any other officers it deems necessary.
(g) The committee shall develop and make recommendations to the secretary on all matters regarding the implementation of this chapter including:
(1) The assessment rate as specified in Section 48002.
(2) Procedures for implementing an inspection program that shall include, but not be limited to, the following:
(A) Mandatory hold for inspection prior to shipping, following a citrus freeze.
(B) The minimum number of inspections to be conducted, and the duration of each inspection period.
(C) The minimum number of samples to be taken.
(D) Statistical analysis of compliance levels and determination of an acceptable level of compliance.
(E) Documentation of inspection data including the number of inspectors, number of inspections performed, and budget information relating to expenses of personnel, mileage, and overhead costs.
(F) Monitoring and postevaluation of program effectiveness by the secretary.
(G) Development of a single memorandum of understanding between the department and all county agricultural commissioners for the counties specified in subdivision (b).
(3) Determinations as to which counties have met the inspection requirements.
(4) Procedures for implementing a state crop estimating and acreage survey.
(h) The secretary shall accept the recommendations of the committee if he or she determines that the recommendations are practicable and in the interest of the industry and the public. The secretary shall provide the committee within 30 days of receipt of the recommendations with a written statement of reasons if he or she does not accept any of the recommendations.
(a) In addition to any other assessment, fees, or charges
that may be required pursuant to this code, producers of navel
oranges, Valencia oranges, lemons, or mandarin citrus varieties grown
in this state and prepared for fresh market in the Counties of
Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara,
Tulare, and Ventura shall pay an assessment that shall not exceed 11
mills ($0.011) per carton for navel oranges, 5 mills ($0.005) per
carton for lemons, and 6 mills ($0.006) per carton for Valencia
oranges and mandarin citrus. The assessment shall be:
(1) Commencing April 1, 2011, recommended annually by the committee and submitted to the secretary for approval in amounts not to exceed those specified above.
(2) Based on the number of 40-pound carton equivalents produced.
(3) Used to reimburse agricultural commissioners, pursuant to a contract between the department and the commissioners, in the counties specified in this section, who meet the requirements of the inspection program as determined by the committee and concurred in by the secretary.
(4) Used to establish a reserve to fund the frost inspection program. The reserve amount shall be determined by the committee.
(5) Used to fund a program within the department to provide the industry with a state crop estimating service and an acreage survey.
(6) Collected from the producer by the first handler. For the purposes of this chapter, "producer" means a grower of navel oranges, Valencia oranges, lemons, or mandarin citrus and "handler" means a person or entity who receives navel oranges, Valencia oranges, lemons, or mandarin citrus from a producer and who prepares the oranges, lemons, or mandarin citrus for fresh market. If a producer prepares the oranges, lemons, or mandarin citrus for market, the producer shall be deemed the handler.
(7) Remitted to the department by the first handler, along with an assessment form, at the end of each month during the marketing season.
(8) Deposited in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1.
(b) In no case shall:
(1) The total amount reimbursed to all counties exceed the total amount collected from the producers in all counties, unless reserve moneys are required for the frost inspection program. However, the authorized expenditures shall not exceed the combined total of reserve moneys and revenue received in that fiscal year.
(2) The reimbursement to any county exceed the amount approved by the committee and concurred in by the secretary.
(c) If the inspection program is terminated and there are insufficient funds to cover the cost of terminating the inspection program, the assessment shall continue until all those costs are recovered.
(d) The committee may recommend to the secretary an assessment less than the amount specified in subdivision (a) or that no assessment be collected from growers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties if no inspection program or crop survey exists for that particular orange or citrus variety. If no assessment is collected from an orange or citrus variety that has a representative on the committee, the secretary may designate a representative to the committee from an orange or citrus variety that is assessed.
(e) The adoption, amendment, or repeal of assessment rates pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal the regulations concerning assessment rates pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:
(1) Indicate that the regulations are being adopted, amended, or repealed pursuant to this chapter.
(2) State that the order is being transmitted for filing.
(3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.
(1) Commencing April 1, 2011, recommended annually by the committee and submitted to the secretary for approval in amounts not to exceed those specified above.
(2) Based on the number of 40-pound carton equivalents produced.
(3) Used to reimburse agricultural commissioners, pursuant to a contract between the department and the commissioners, in the counties specified in this section, who meet the requirements of the inspection program as determined by the committee and concurred in by the secretary.
(4) Used to establish a reserve to fund the frost inspection program. The reserve amount shall be determined by the committee.
(5) Used to fund a program within the department to provide the industry with a state crop estimating service and an acreage survey.
(6) Collected from the producer by the first handler. For the purposes of this chapter, "producer" means a grower of navel oranges, Valencia oranges, lemons, or mandarin citrus and "handler" means a person or entity who receives navel oranges, Valencia oranges, lemons, or mandarin citrus from a producer and who prepares the oranges, lemons, or mandarin citrus for fresh market. If a producer prepares the oranges, lemons, or mandarin citrus for market, the producer shall be deemed the handler.
(7) Remitted to the department by the first handler, along with an assessment form, at the end of each month during the marketing season.
(8) Deposited in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1.
(b) In no case shall:
(1) The total amount reimbursed to all counties exceed the total amount collected from the producers in all counties, unless reserve moneys are required for the frost inspection program. However, the authorized expenditures shall not exceed the combined total of reserve moneys and revenue received in that fiscal year.
(2) The reimbursement to any county exceed the amount approved by the committee and concurred in by the secretary.
(c) If the inspection program is terminated and there are insufficient funds to cover the cost of terminating the inspection program, the assessment shall continue until all those costs are recovered.
(d) The committee may recommend to the secretary an assessment less than the amount specified in subdivision (a) or that no assessment be collected from growers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties if no inspection program or crop survey exists for that particular orange or citrus variety. If no assessment is collected from an orange or citrus variety that has a representative on the committee, the secretary may designate a representative to the committee from an orange or citrus variety that is assessed.
(e) The adoption, amendment, or repeal of assessment rates pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal the regulations concerning assessment rates pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:
(1) Indicate that the regulations are being adopted, amended, or repealed pursuant to this chapter.
(2) State that the order is being transmitted for filing.
(3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.
For purposes of this chapter, the following definitions
apply:
(a) "Carton" means a unit equivalent to 40 pounds of citrus fruit.
(b) "Mandarin citrus" means mandarins, including tangerines and mandarin hybrids.
(a) "Carton" means a unit equivalent to 40 pounds of citrus fruit.
(b) "Mandarin citrus" means mandarins, including tangerines and mandarin hybrids.
(a) Upon establishment of an inspection program, any handler
who does not file the required assessment report and assessments by
the 10th day of the month following the month for which the
assessment is payable shall pay a penalty of 10 percent of the
assessment owed and, in addition, 1.5 percent interest per month on
the unpaid balance.
(b) Upon establishment of an inspection program, it shall be unlawful for any handler to refuse to collect the assessments or remit the assessments and the proper forms required by this chapter.
(c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment.
(d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence.
(e) A producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer.
(b) Upon establishment of an inspection program, it shall be unlawful for any handler to refuse to collect the assessments or remit the assessments and the proper forms required by this chapter.
(c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment.
(d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence.
(e) A producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer.
